RES-9779 Tentative Tract Map Approval Fieldstone CommunitiesRESOLUTION NO, 9779
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE APPROVING: (I) TENTATIVE TRACT MAP
15750; (2) MINOR SITE PLAN REVIEW 249-02; (
3)ADOPTING CONDITIONS OF APPROVAL; AND (
4)DENYING VARIANCE 2113-02
RELATING TO DEVELOPMENT OF AN APPROXIMATELY
110 ACRE PROPERTY GENERALLY CONSISTING OF
A SIX-ACRE PUBLIC PARK; 38 ACRES OF OPEN
SPACE AND MULTI-USE TRAILS; A
TWO-ACRE PRIVATE EQUESTRIAN FACILITY; AND 66
ACRES OF LOW DENSITY RESIDENTIAL. THE
DEVELOPMI:NT IS BORDERED GENERALLY BY SANTIAGO
CANYON ROAD TO THE SOUTH, CANNON STREET
TO THE WEST, THE MABURY RANCH DEVELOPMENT
TO THE NORTH AND THE RESERVE
DEVELOPMENT TO THE EAST.TENTATIVE
TRACT MAP NO. 15750 MINOR
SITE PLAN
REVIEW 249-02 VARIANCE
2113-02 APPLICANT: FIELDSTONE COMMUNITIES, INC.WHEREAS, the City Council of the City
of Orange has considered and approved General Plan Amendment No. 1-01 and Zone Change
1208.00 relating to an approximately 110-acre piece of property to be developed by
Fieldstone Communities, Inc., for public park, public trails, open
space and residential purposes (the Project); and WHEREAS, Tentative Tract Map 15750,
Minor Site Plan Review 249-02 and Variance 2113-02 were filed and processed in the time
and manner prescribed by state and local law; and WHEREAS, in
accordance with state and local law the Planning Commission conducted several hearings on the Project,
voting 2-2 on June 3, 2002, to not recommend certification of Final
Environmental Impact Report No. 1647-
00 (the FEIR) and approval of General Plan Amendment 1-
01; and WHEREAS Fieldstone Communities timely filed an appeal of the Planning
Commission decisioh on the Final EIR and General Plan Amendment 1-01; and
WHEREAS, in accordance with state and City laws the City Council conducted public hearings on July 22,
2003, August 12,2003, and September 9, 2003, to consider the
WHEREAS, as fully set forth in Resolution 1\0, 9776, the City Council certified the
FEIR and made the required findings; and
WHEREAS, in connection with the Project the City Council reviewed "Findings and
Facts in Support of Findings and Statement of Overriding Considerations" prepared in
accordance with Sections 15091 and 15093 of the CEQA Guidelines and adopted same as fully
set forth in Resolution No. 9777; and
WHEREAS, Section 21091.6 of CEQA requires that where an EIR has been prepared
for a project for which mitigation measures are adopted, that a mitigation monitoring or
reporting program be adopted for said project; and
WHEREAS, in connection with the Project the City Council reviewed the Mitigation
Monitoring Program, dated August 12, 2003 and adopted same as fully set forth in Resolution
No. 9777; and
WHEREAS, in connection with the Project the City Council considered General Plan
Amendment 1-01 and adopted same by Resolution No, 9778;
and WHEREAS, in connection with the Project the City Council considered zone
change 1208-00 and adopted it by Ordinance
21-03; and WHEREAS, the City Council has considered the Conditions
of Approval dated September 23, 2003 (Exhihit A), which includes mitigation measures identified
in the FEIR.NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Orange hereby makes
the following findings:
A. Environmental Review,1. The findings and actions of the City Council as more fully set
forth in Resolution Nos. 9776, 9777, 9778 and Ordinance 21-03
are
incorporated herein by reference.2. The Conditions of Approval, dated September 23,
2003 (Exhibit A), which includes the mitigation measures identified in the
Final EIR are adopted.B. Tentative Map 15750 and Minor
Site Plan Review 249-02 1. Tentative Map 15750 (with Equestrian Facility)
and Minor Site Plan Review 249-02 are consistent with the General
Plan, as amended by General Plan Amendment 1-01 in regards to land
use designation and density in that the General Plan land use designation
of Law Density Residential (LDR) allows for
residential
2. Tentative Map 15750 and Minor Site Plan Review 249-02 conform to the City'
s Zoning Ordinance, as amended by Zone Change 1208-00 and
Ordinance 21-03,3. Tentative Map 15750 and Minor Site Plan Review 249-
02 are subject to conditions which are reasonably related to the use of
the property and necessary to ensllIe that the subject site is developed in a manner consistent
with the City's General
Plan and Zoning Ordinance.4. Tentative Map 15750 and Minor Site Plan Review
249-02 allow for residential,open space and public park uses that are
compatible with existing residential and open space uses located in the
vicinity of the subject site,5. Tentative Map 15750 and Minor Site Plan
Review 249-02 are subject to conditions that will preserve the public welfare
and insllIe that the project will not have an
adverse impact on adjacent land uses.6. The Project site is suitable for the
type of development proposed and the proposed density of
development. Mitigation measllIes and conditions of approval require improvements to address
the adjacent closed Villa Park Landfill and potential flood and erosion
impacts of Santiago Creek, The site accommodates the
proposed density of the proposed development.7, The design of the subdivision and the
proposed improvements are not likely to cause substantial environmental
damage or substantially and avoidably injllIe fish or wildlife or their habitat. The FEIR evaluated
the impacts of the Project on the environment, including
fish and wildlife and their habitat.8. The design of the subdivision or the type
of improvements will not conflict with easements, acquired by the public at large., for
access through or use
of, property within the proposed subdivision.9. Tentative Tract Map 15750 is approved,
conditioned upon the removal of lots numbered 1-5 lying immediately adjacent
to Mabury Avenue. Such lots shall not be developed and shall
be landscaped and maintained by the homeowners'association. Further, homes constructed on
the north side of Santiago Creek shall be limited to a single
story. Documentation of such restrictions/obligations either through an overlay district,
restrictive covenants or some other form acceptable to the Community Development
Director and City Attorney shall be completed
prior to approval
of the Final Map.C. :Variance 2113-02 L. Variance 2113-02 is
denied. The variance requested is to approve a substandard lot. However, the
City
the granting of a variance, i.e., that special circumstances exist on the property
such as size, shape, topography, location, etc., which would deprive the subject
property of privileges enjoyed by others in the vicinity and under identical zoning
classification,
ADOPTED this 14th day of October, 2003.
jA;,~y ity of Orange
ATTEST:
w~&tiuAU;;t-
Cassandra J, cart, City Clerk, City of Orange
I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, California, do
hereby '~ertify that the foregoing Resolution was duly and regularly adopted by the City Council
of the City of Orange at a regular meeting thereof held on the 14th day of October, 2003, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Alvarez, Murphy, Coontz
COUNCILMEMBERS: Ambriz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
C!ut~.a.L/~ &./ ~ ./.A ::t-
Cassandra J. Cathcart, City Clerk, City of Orange.
4
EXHIBIT A
Conditions of Approval and Mitigation Measures
September 23, 2003
Fieldstone Communities, Inc., Applications for
Tentative Tract Map, Variance and Minor Site Plan Review
Page 3 - Police-Crime Prevention Bureau
Page 4 - Fire-Fire Prevention Bureau
Page 6 m Public Works
Page 11 m Water Division
Page 13 - Community Services Department Page
16 - Mitigation MeasuresGeneral Conditions
I. All
site development and construction shall conform in substance and be maintained in
general conformance with plans labeled as approved by the City Council.2.
Within
two (2) days of final approval of this project, the applicant shall deliver to the Planning
Division a cashiers check payable to the Orange County Clerk in an amount required
to fulfill the fee requirements of Fish and Game Code Section 711.4(
d)(2) and the County administrative fee, to enable the City to file the Notice of Determination
required under Public Resources Code 21152 14 Cal. Code Regulations 15075.
3. This
approval constitutes approval of the proposed project only to the extent that the project
complies with the City of Orange's General Plan, Zoning Code and any other
applicable land use regulations. Approval does not include any action or finding
as to compliance of approval of the project regarding any other applicable ordinance,
regulation or requirement.4, The
applicant shall comply with all federal, state, and local laws, including all City regulations.
Violation of any of those laws in connection with the development and
use will be cause for revocation of these applications.5. Prior
to issuance of building permits, the applicant shall submit to the City for review CC&
Rs, deed restrictions, or similar agreement for the entire site outlining specific responsibilities,
such as creation of a homeowners association, drainage,utilities, access,
parking, maintenance, landscaping, and enforcement provisions,These documents
shall be subject to the joint review and approval by the Community Development
Director, Public Works Director, and City Attorney.Those aspects
that are zoning in nature shall be structured so they cannot be rescinded or
modified without City concurrence. The City shall have discretion to enforce provisions
that are zoning in nature, The applicant shall be required to pay for
the City's review of the CC&Rs at the City's hourly billing rate,FIELDSTONE/SULLY
MILLER City Councilm
September 23, 2003 List of
conditions and mitigation measures Page I
6. The applicant shall include as part of the project's Department of Real Estate
disclosure documentation a notice about the development potential of the parcel
and a map denoting the existing and proposed land uses, which shall include, but
not be limited to the potential for a future lighted public park, arterial highways,
public trails, and public infrastructure within the surrounding area, The notice
and map shall also include the potential of parcels zoned R-I-20 to
maintain large animals, Said notice and map shall be submitted for approval to
the Community Development Director and presented to each new property owner as part
of the documents related to the purchase of the properties with the
project boundaries,7. All lettered parcels not specifically assigned to and accepted by
a Governmental entity at the time of recordation of a Final Map shall remain
under common ownership, maintenance, and liability of the homeowners association (
HOA), or other entity as approved by the City, All such lettered lots shall be
solely owned by the HOA or other entity, and cannot be sold unless approved by
the City,8. Prior to issuance of building permits the applicant shall be restricted
by covenant,easement, or other appropriate instrument as approved by
the Community Development Director the maximum height of residential structures
on lots identified as No. 1,2,3,5,6, and 17 on TTM 15750 to a maximum height
of one-story and
20 feet.9, During the preparation of final construction and grading plans
the development area of the project shall not encroach into or reduce in area any of
the proposed lettered lots, Any substantial changes to the approved plans shall
require approval by the
Planning Commission.10, Prior to issuance of building permits, the applicant shall submit conceptual
and/or final landscaping, building, and signing plans to the City's
Design Review Committee for review
and approval.II, The project approval includes certain fees, dedications, reservations, and/
or other exactions. Pursuant to G.C. 66020, these conditions or
requirements constitute written notice of the fees and/or a description of the dedication,
reservation, or other exaction. You are hereby notified that the 90-
day protest period commencing from the date of approval of the project. If you fail to
file a protest regarding these conditions or requirements, you are legally
barred from later challenging such exactions per
G.C. 66020.12. Check dams shall not be placed in the biological filter system (
system) to be installed on the proj ect site. The system shaH also be designed so
that a sufficient flow of water will be maintained so that there is no standing water
in the system for any prolonged time to prevent the breeding
of mosquitoes. Furthermore,
FIELDSTONE/SULLY MILLER City Council-
September 23, 2003 List of conditions
and mitigation
insecticides shall not be sprayed in the system at any time to control vectors,
Should vectors ever become a problem in the system, the project homeowners
association shall work with the Orange County Vector Control District to control
any vectors.
The following conditions shall be satisfied to the satisfaction of the City's Crime
Prevention Bureau:
13. All residential fencing along common areas, public spaces, trails, etc. shall be of
open construction to provide natural surveillance from residences to the
surrounding areas. Any fencing of the equestrian facility adjacent to trails or
residences shall be of open construction to provide natural surveillance of the
equestrian facility, The exception for open fencing will be the equestrian facility
fences along Santiago Canyon Road and those residential lots adjacent to the
equestrian facility and adjacent to the public park.
14, The plants and shrubbery shown for the landscaping within the common areas
shall be such that when installed is of a graduated height, from lower to higher,
away from the access area so as to prevent blind comers and maintain maximum
visibility of surrounding area for those using the facilities. An exception to these
requirements is the landscaping material required for the fuel modification zone.
15, The concepts of Crime Prevention Through Environmental Design shall be
incorporated into the project, including structure orientation and placement,
access and visibility of common areas, addressing and landscaping.
16, Those lots having reduced street frontage or flag lot configuration shall have
additional illuminated monument addressing at the street.
17. Manual gates secured by means other than a padlock shall have a Knox box with
key inside to the gate's locking mechanism, The Knox box shall be keyed for
Police & Fire access, (Automatic vehicular gate operation for emergency
response is regulated by OMC.)
The following conditions shall be satisfied to the satisfaction the City's Fire Department:
18, All streets less than 36 feet wide shall be marked and signed as a fire lane, The
marking and signs shall be provided and installed per the City of Orange Fire
Departments Fire Lane Standards,
19. Provide a second and third emergency access at the far west and east ends of the
project. The fire access shall be built and maintained in accordance with U.F,C.
Sections 90 I and 902.
FIELDSTONE/SULLY MILLER
City Councilm September 23, 2003
List of conditions and mitigation measures
Page 3
20. Dead-end fire apparatus access roads in excess of 150 feet in length shall
be provided with approved provisions for the turning around of fire
apparatus.Dead-end fire department access roads shall not exceed
600 feet.21. The fire department access roadway shall be an all weather
driving surface capable of supporting the imposed loads of fire apparatus, 20, 000
pounds per axle. The access shall be designed for a thret:.axle vehicle. (Engine W ght.
36,050 and Truck wght. 54,000 pounds) U.F.C. Section 902.2.
2.2,22. The fire department access roadway shall be provided with
adequate turning radius for fire department apparatus. (A 45 foot outside and 25
foot inside radius.) U,F,C. Section 902,2,
2,3.2}, Fire department emergency access must not exceed 12 percent grade. U.
F.C,Section 902.2.
2,6,24. All mechanical gates shall be provided with a key-operated override
per City of Orange Ordinance 9-84 and a manual release in
case of electrical failure.25. Fire facility
fees will be required,26. This project shall comply with the City of Orange'
s Fuel Modification Program,which includes the requirement of a minimum
twelve-foot passageway from a public street to the fuel modification zone
to provide access for emergency personnel and maintenance workers. Access ways are to
be located no more than 500 feet apart with locations approved by the
fire department. The access areas are to be designated as a letter lot on the approved tract
map and a condition of construction shall be that the Homeowners
Association is responsible for the maintenance of the access, A statement shall be
included in the Homeowner's Associations CC&Rs indicating
the Homeowners Association responsibility for maintenance of fuel modification areas, except
those subdivision open space areas to be owned and or maintain by a public agency
or other city approved entity such
as an open space conservancy).27, All roof coverings installed on any new or existing
building or structure, shall be fire retardant U,L. listed ClassA, (O.
M,C. 15.36,030)28, Prior to the issuance of the first building
permit, the low-flow Santiago Creek Channel shall be cleared of
all debris and invasive plant materials.29, Buildings or structures hereafter erected constructed,
or moved within or into the High Hazard Area shall comply with the requirements
ofthis section. (O.M,C,15.36.020) There is established the
Climatic and Topographic High Hazard Fire Zone. Generally, the Zone shall include that portion
of the City
located easterly of FIELDSTONE/SULLY MILLER
City Council --- September 23, 2003 List
of conditions
the boundary starting from the intersection of the northerly city limits and Santa
Ana Canyon Road, southerly along said road to the intersection of Nohl Ranch
Road and Santiago Boulevard. Southerly along Santiago Boulevard to the
northerly and easterly Villa Park City Limits. Then easterly along and then
southerly along said city limits to Hewes Street. Then southerly along Hewes
Street to the city limits of Orange.
Roof covering shall be a "Fire-Retardant", Class A as specified
in subdivisions 1 through 4 and 6 through 10 of Section 3202 (e),
Fire-retardant roofs shall be fire stopped and enclosed with
approved material at the eave ends to preclude entry of flame or embers
under the roofing
material.Under floor Areas, Buildings or structures shall have all under
floor areas enclosed to the ground with construction as required for
exterior
walls,Utilities, pipes, furnaces, water heaters, or other mechanical
devices located in an exposed under floor area of a building or structure
shall be enclosed with material as required for exterior one-
hour fire-resistive construction. Adequate covered access-
openings for servicing such utilities shall be provided as required
by appropriate codes,Openings into attics, floors, or other enclosed areas
shall be covered with corrosion-resistant wire mesh not less
than one-fourth inch (114")nor more than one-half inch (
112") in any dimension except where such openings are equipped with
sash or doors, Chimneys shall have sparkarrestors of
maximum one-half inch (1/2") screen.The following conditions shall be satisfied to the
satisfaction
of the City's Public Works Department:30, A final tract map shall be recorded
within 24 months after tentative approval and prior to the sale or lease of any parcel,
or approval extended as allowed
by the State's Subdivision Map Act.31. Monuments shall
be set based on a field survey,32. The applicant shall dedicate
and construct Santiago Canyon Road to City Standards including but not
limited to a 10-foot wide multi-purpose recreational trail along the project frontage
and a traffic signal at the tract entry street.33. The applicant shall
dedicate vehicular access rights along Santiago Canyon Rd.
to the City of Orange except at street
intersection.34. Construct
all private streets to City
standards.FIELDSTONE/SULLY MILLER City Council-
September 23,
35, Dedicate and construct a sanitary sewer system to City standards. A pump station
will not be allowed. Any seweI line over Santiago Creek shall be designed in a
protective sleeve,
36. All grading shall be done in conformance with City of Orange Manual of
Grading, All existing slopes, whether natural or manmade, within the tentative
tract map boundary, excluding areas between the proposed channel revetment
walls, shall be evaluated by an Engineering Geologist, and certified for stability,
both gross and surficial, under saturated conditions. All slopes between the
proposed channel revetment walls shall meet the requirements of the County of
Orange Flood Control District.
37. The applicant shall submit to the City a Water Quality Management Plan
WQMP) in order to comply with all current requirements of the National
Pollutant Discharge Elimination System (NPDES) permit program. A Storm
Water Pollution Prevention Plan (SWPPP) and a Notice of Intent from the State
Water Resources Control Board will be required prior to grading permit issuance,
38. The applicant shall construct recreation trails per City of Orange Master Plan of
Recreation Trails and as shown on the Tentative Map. This includes a bridge for
recreational trail purposes across Santiago Creek,
39. The applicant shall dedicate to the City of Orange a 20-foot wide easement
from Santiago Canyon Road to the cul-de-sac "D" street for fire
access purposes. The 20 foot wide easement shall be gated and paved to City
standards and maintained by the Homeowners Association or other entity as approved
by the City.40. Street lighting is to be installed by the developer to city standards
as required by the Department
of Public Works,41. All street tree planting shall include the installation of Root
Barriers on the sidewalk side of the tree and / or where conditions warrant, the
installation of a Deep Root Box in accordance with city standards for landscaping
area and as directed by the
Community Services Department.42. Landscape irrigation system sleeves will not be allowed under
public or private streets unless service to
medians is required,43. Water meters shall be installed on the side of the roadway
requiring service for landscaping to eliminate the need
for street skeves.44. All landscape irrigation sleeves within the public right-of-
way shall be
encased in 2-
sack slurry backfill.FIELDSTONE/SULLY
MILLER City Council- September 23, 2003
List of
4S. Prior to the issuance of grading permits the applicant shall:
Enter into a cooperative agreement with the Orange County Flood
Control District (OCFCD) to stipulate responsibility for design,
acceptance of ownership and operation of the Santiago Creek channel
Facility E08).
Submit to City flood control improvement plans approved by the
OCFCD
Plans shall include clearing within the channel of the upper banks of
all debris left from the sand & gravel operation,
Prior to recordation of final map applicant shall:
Include on final map dedication or irrevocable offer of dedication to
the County of Orange Flood Control District, (OCFCD) for the
Santiago Creek Channel (Facility E08).
46, The applicant shall comply with the requirements of the Orange Municipal Code
Chapter IS.60- Flood Damage Prevention. The lowest pad elevation of all
numbered lots adjacent to Santiago Creek shall be at least one foot above the
adjacent 100 year flood elevation as determined by hydraulic calculations using
the criteria from the Orange County Food Control District Design Manual.
47, No building permits will be issued for any lot within the "Special Flood Hazard
Area" as shown on the most current "National Flood Insurance Program" Rate
Map,
48, The applicant shall install cable television facilities as required by City's
Franchised Cable TV companies. This shall include easement rights to buildings
being served.
49. The applicant shall dedicate to the City of Orange the right to enter the private
streets for maintenance of public utilities, emergency access, trash collection, etc,
SO. The applicant shall pay all applicable fees prior to City approval of Final Map
such as Water charges and Sewer frontage fees,
SI. The applicant shall pay all applicable fees prior to issuance of building permits
such as: City sewer connection fee, Orange County Sanitation District connection
fee, Eastern Transportation Corridor fee, Transportation System Improvement fee
TSIP),
FIELDSTONE/SULLY MILLER
City Council ~ September 23, 2003
List of conditions and mitigation measures
Page 7
52. Any import or export of earth material will require a haul permit per the
requirements of the City Manual of Grading. All earth material shall enter or exit
the tract from Santiago Canyon Rd., a designated truck route.
53. The applicant shall obtain a permit from County Property Pemlits prior to
commencing any work (surface or subsurface) within Handy Creek (Facility
E08S06) right of way.
54. The applicant shall protect by the construction of revetment walls and rip/rap and
placement outside the 100 year flood plain the bikeways required by the City's
Master Plan of Bikeways, the multi-use recreational trails required by the City'
s Master Plan of Recreational Trails, the grassy swale or any other structural
BMPs,the bikeway/recreational trail bridge that crosses Santiago Creek, and all
lettered not included in the dedication of land and creek improvements to the
OCFCD)and numbered lots, from lateral erosion caused by Santiago Creek. The
only portion of the recreational trail along the creek channel that is required by
the Master Plan of Recreational Trails is located along the south side of the
creek channel between the intersection with the north/south trail connector and
the intersection of the recreational trail
bridge.55, The applicant shall pay a fair share portion of the cost for modification
and improvement of the Santiago Canyon Rd, / Cannon St. critical intersection,
Such fair share cost shall be based upon the ratio of development peak hour
trips assigned to the intersection as shown in the proj ect traffic study compared to
total peak hour trips assigned to the intersection, Such fair share cost shall be
in addition to Developers Transportation System Improvement Program (TSIP)
fee
obligation.56. If an agreement with County's Harbors Beaches, and Parks and Flood
Control District cannot be reached to install the revetment wall and bikeway outside
the easterly tract boundary and on land within Santiago Oaks Regional Park/
Orange County Flood Control District property, then Lots No, 36 thru 40 shall be
reduced in size and a lettered lot created within tract boundary to install the revetment
wall and bikeway, and maintenance responsibility shall be assigned to
the homeowner's
association.57. No construction vehicles in excess of 6,000 pounds or double-axle
vehicles or vehicles with trailers, whether delivering materials, equipment,
labor or otherwise, can access the subject site via Mt. McKinley,
Yellowstone Boulevard,Mabury A venue or Orange Park Boulevard, An exception to this
condition shall be provided, to the extent necessary, for vehicles bringing
equipment and materials required to construct the bridge abutment on the north bank
of Santiago Creek which construction may include building a portion of the
revetment wall along the north bank of Santiago Creek. All such vehicles in excess of
6,000 FIELDSTONE/
SULLY MILLER City Councilm September
23, 2003 List of conditions and
mitigation measures
pounds, other than those covered by the exception described above, shall access
the subject site by way of Santiago Canyon Road only. For those construction
vehicles, which are permitted to access the subject site from Mt. McKinley,
Yellowstone Boulevard, or Mabury Avenue the applicant shall provide a parking
and staging area on site to prevent any queuing, parking, maintenance or storage
of such vehicles or materials on Mabury Avenue, The Fugitive Dust Emission
Control Plan that is required to be prepared under Condition of Approval 106
Mitigation Measure 5.2-1) shall require the following measures for all
vehicles accessing the subject site from Mabury Avenue: (1) daily sweeping and/
or cleaning of streets used to access the site and (2) installation of wheel
washers where vehicles exit the
site.Prior to issuance of the first grading permit or haul permit, whichever occurs
first,the City and applicant shall meet to agree upon the parameters (i,e" number
of vehicles, type of vehicles, and number of trips) of those vehicles in excess
of 6,000 pounds that shall be permitted to access the subject site from Mt.
McKinley,Yellowstone Boulevard, or Mabury Avenue. Applicant estimates that
this exception will be required for approximately 35 truck trips over a
two-
month period.58. Prior to issuance of the first building pennit, the applicant shall
submit and receive approval for the final engineering and construction documents
for the bikeway/multi-use recreational trail bridge over Santiago Creek, The
bridge is to be constructed prior to the issuance of the
seventy-first occupancy permit.59. Satisfy all State and Federal permits for any
encroachments into Santiago Creek as
applicable by those jurisdictions.60, Notwithstanding any grading/elevations that are shown on
the tentative map, or the provisions of the Orange Municipa] Code (Grading
and Excavation), appro va]of this tentative map does not authorize the issuance
of any grading permits.61. A maintenance agreement and conveyance map depicting
fee ownership of all lettered lots and responsibilities shall be submitted prior to
recordation
of the final map,62. With the recordation of a subdivision map, the applicant
shall dedicate a signa]maintenance easement and enter an agreement to pay
for the continued operation and maintenance with the City of Orange for the signa] at the
project site access in a manner meeting the approval of the
City's Traffic Engineer.63. Design and install city-owned underground
serviced Marbe]ite street lighting systems on all public streets, including Santiago Canyon
Rd, to the satisfaction
of the Public
Works Director.FIELDSTONE/SULLY MILLER City
Council --- September 23, 2003 List of
conditions and
64, Street lighting on the private streets shall be designed and constructed to City
standards and to the satisfaction of the Public Works Director.
6:5. Prior to recordation of TTM 15750 the applicant shall post a bond for the
construction and design of a traffic signal at the tract entry on Santiago Canyon
Rd, This installation shall include intereonnect between adj acent signals,
equestrian crossing facilities and 'SIGNAL AHEAD' warning flashers and signing.
Signal design and construction to the satisfaction of the Public Works Director.
66, Grant a traffic control easement on the signalized tract entry at Santiago Canyon
Rd,
67, The applicant shall pay a one-time fee of $51,000 to the City to cover the cost
of the signal operations, energy and maintenance for the traffic signal at
the intersection ofthe project's main entrance and Santiago Canyon
Road.68. Prior to approval of the final tract map, the applicant shall design the gated
tract entry from Santiago Canyon Road to the satisfaction of the City
Engineer.69. Adequate sight distance shall be provided at all intersections per City of
Orange Standard Plan No. 126. Sight distance lines shall be shown on
street improvement plans, grading plans and landscaping
plans,70. The applicant shall design and construct all necessary traffic signing and
striping modifications and/or installations on Santiago Canyon Rd. to facilitate the
project.71. Prior to approval of the final Tract Map 15750 the applicant shall add an
access easement from a proposed private street to Letter Lot "K" for the purposes
of allowing access for the homeowners association to maintain said lot.
This condition shall be complied with to the satisfaction of the Public Works
Director and Community Development
Director.The following conditions shall be satisfied to the satisfaction of the City's
Water
Division:72, The applicant shall install a City dedicated water system as designed by the
Water Division prior to the issuance of building
permits.73, The applicant shall install multiple City dedicated pressure- reducing stations
at locations designated by and as designed by the Water Division prior to
the issuance of building
pemlits.FIELDSTONE/SULL Y
MILLER City Council ~ September 23,
2003 List of conditions and mitigation
measures Page
74. The applicant shall furnish and install individual pressure regulators on all
services where the incoming pressure exceeds 80 pounds per square inch (PSI).
75. Each building/lot shall be metered separately unless otherwise approved by the
Water Division,
76. The applicant shall furnish and install City dedicated remote read meters for all
services of a manufacturer as approved by the Water Division.
77. The applicant shall satisfy all water main cOlmection, plan check, and inspection
charges as determined by the Water Division,
78. The applicant shall satisfy all applicable East Orange County Water District's
fees.
79. The applicant shall furnish a dedicated minimum fifteen-foot graded
and unencumbered access and utility easement to be contiguous to the existing
City Right of Way as determined by the Water Division for pressure reducing
stations,mains, meters, and fire hydrants prior to the issuance of building
permits,80. The applicant shall furnish a dedicated minimwn fifteen-foot
graded and unencumbered access and utility easement extending from the south end
of Street G", and across Lot "D" to be contiguous to the existing City Right of
Way as determined by the Water Division for pressure reducing stations,
mains, meters,and fire hydrants prior to the issuance of
building permits.81. The applicant shall furnish a dedicated minimum fifteen-
foot graded and unencumbered access and utility easement extending from the south
end of Street F" and across Lot "G" to be contiguous to the existing City Right
of Way as determined by the Water Division for pressure reducing
stations, mains, meters,and fire hydrants prior to the issuance
of building permits.82. The applicant shall enter into a Decorative Improvement Agreement
with the City of Orange prior to the issuance
of building permits.83. The applicant shall provide material submittal specification
sheets for all proposed public water facilities to the Water Division for approval
a minimum of fourteen-calendar
days prior to construction.84. The applicant shall furnish and install manually operated locks
and keys for the Water Division for the gated entrances unless otherwise
approved
by the Water
Division.FIELDSTONE/SULLY MILLER City Council ---
September 23, 2003 List of conditions
and mitigation
The following conditions shall be satisfied to the satisfaction of the Community Services
Department:
8:5. The applicant shall dedicate to the City of Orange a minimum 6-acre public
park site as proposed in the project description and as shown in exhibits presented
to the City of
Orange.86, The applicant shall provide a finished-graded site, which provides
positive non-nuisance drainage for the entire
park site.87. The applicant shall provide a complete tmgation system fully
capable of irrigating turf grass over the entire park site per Community
Services Department review
and approval.88, The applicant shall provide soil amendments and establish turf grass
over the entire park site per Community Services Department review
and approval.89. The applicant shall develop all bike trails in compliance with the City
of Orange Bikeways
Master Plan,90. The applicant shall develop all multi-use recreational trails per the
City of Orange Recreational Trails Master Plan and County of Orange
Recreational
Trails Master Plan.91. The applicant shall provide documentation of an agreement with
the County of Orange to permit the bike trail connection Ii-om the
westerly tenninus of the subject site to Cannon Street along the south side
of Santiago Creek channel.92. The applicant shall provide an irrevocable offer to
dedicate the landing pad designated as Letter Lot "N" for a recreational trail
over/under crossing of Santiago Canyon Road at a location approximately 200 feet
west of Orange Park Boulevard and as indicated on the City's
Recreational Trails Master Plan,93, Prior to approval of the final tract map, the applicant shall
furnish the City with evidence satisfactory to the Director of Community
Services and the City Attorney that either the County of Orange, through
its Division of Harbors,Beaches, and Parks, or some other entity acceptable to
the City will be responsible for accepting ownership and all
maintenance responsibilities of the bicycle and recreational trails located within the boundaries of
and as depicted on TTM 15750, subject to a permanent easement for public
access for
pedestrian and bicycle
purposes.FIELDSTONE/SULLY MILLER City
Council--- September 23, 2003 List of
conditions and
94, The applicant shall provide an irrevocable offer of dedication the parkland
dedication associated with this Tentative Tract at the time of recording Final Map,
per the criteria of Community Services Department.
95. The applicant shall dedicate to public use all bicycle and multi-
purpose recreational
trails.96. The applicant shall provide direct access to the regional
multi-purpose recreational trails from all properties zoned and large enough to
maintain
large animals,97. The applicant shall prior to recordation of the final tract map or
issuance of grading permits; whichever is earlier, submit and receive approval of
a tree preservation plan for the native trees located within the boundaries
of proposed lettered lot "I" to the Director of Community Services, Trees identified
to remain shall be protected in place during grading
and construction,98, The applicant shall provide and submit final landscaping plans
and tree preservation plan to the Community Services Manager for review
and approval,prior to the recording of Final Tract Map or the issuance of
Grading Permits,whichever
occurs first.99. All common areas (lettered lots), and all private areas (
numbered lots)scheduled for landscape improvements within the tract shall be
landscaped and equipped for landscape irrigation in accordance with, but not limited
to, the
following provisions:a. Prior to recording a subdivision map, the
sub-divider (the applicant) shall enter into an agreement with the
City of Orange and post a bond guaranteeing landscape improvements
as agreed to with City of Orange Community
Services and
Community Development Departments,b, The applicant shall submit, subsequent to sub-
dividing and prior to recording a subdivision map,
any preliminary landscape and irrigation plan(s) to the Design
Review Committee (DRC) for compliance review
and DRC final approval.c. The applicant shall
provide detailed construction documents,including plans, details and specifications, and
a probable cost of construction of landscape improvements
for review and approval by the Community
Services and Community Development Departments. Said documents shall take into
account and detail the approved preliminary landscape
plan, the approved
tree FIELDSTONE/SULLY MILLER City Council -
September 23, 2003 List of conditions
and mitigation
preservation plan, City of Orange standard plans for landscape
development, adopted plant palette guides, and water conservation
measures,
d, The applicant shall not be issued any building permits until such
time that the Community Services and Community Development
Departments have provided all necessary approvals of the
landscape improvement construction documents. These documents
shall detail all landscape and irrigation related items for all subject
project lots,
e, The applicant shall install said landscape improvements and
provide a licensed landscape architect's certification that all
respective installations have been installed in accordance with the
approved plans prior to the issuance of final certificates of
occupancy and use, and the release of the bond guaranteeing the
landscape improvements,
f. The applicant shall furnish any water monitoring/irrigation
management report or any other required implementation report as
determined applicable to the Community Services and Community
Development Departments for each landscape irrigation system
prior to the issuance of final certificates of occupancy and use.
g. Three separate sets of complete landscape improvement
construction documents, including plans, details and specifications
shall be submitted to the Planning Department for required plan
check and approvals, Said plan documents shall include a plant list
indicating plant material species name, common name, size,
quantity, location and applicable comments of special conditions,
A fully detailed irrigation system p[,m document shall also be
included,
100. The creek areas outside of the lOO-year flood plain that will be accepted by
the Orange County Flood Control District (OCFCD) shall be dedicated or
irrevocably offered to the Orange County Harbors Beaches and Parks (OCHBP) in fee
or easement as an addition of Santiago Oaks Regional Park. Should OCHBP or
other entity not accept the areas, the homeowner association or other entity as
approved by the city, shall assume fee ownership with a public access easement or
use permit for the bike and recreational
trails.101. Prior to approval of final tract map the applicant shall reach an
agreement regarding the long-term maintenance and ownership of all
recreational trail.FIELDSTONE/
SULLY MILLER City Councilm September
23,2003 List of conditions and
mitigation measures
Those portions of the trails not maintained by the County shall be maintained by
the homeowners association, or entity as approved by the City.
102, Applicant shall provide all street trees per City of Orange street tree standards,
103. The applicant shall design and construct the improvements for a pedestrian
pathway to provide access to the public park site over the bio-swale from "
B"street prior to issuance of building permits for the 150th residential
structure within the project site. Direct pedestrian aq,ess from any residential lot to
the public park shall not be
allowed,104, The City shall be responsible for designing, adopting and obtaining
all environmental approvals for the six-acre public: park. A maximum of$2.
1 million shall be made available for park improvements from the proceeds of
a community facilities district (CFD) for which the City will be the issuing
agency, Park improvements above $2.1 million shall be the sole responsibility of the
City. The 2.1 million shall be spent on above ground improvements. If funds
are still available after all such costs have been paid, Applicant may
seek reimbursement for below ground costs associated with construction of the park, such as
costs of remediation. If the City determines not to form the CFD,
Applicant's responsibility for the park improvements shall be limited to remediation of
the site to the City's Quimby Act standards and prior to recordation of the final
tract map,bonding for the construction of a public restroom facility and a
35-space parking lot in the proposed public park. Prior to construction of
these improvements the City's Parks Commission shall review and approve
final building
and construction plans.Mitigation Measures for Final Environmental
Impact Report 1647-00.105. Construction contractors shall use non-
glare, directional lighting to minimize potential light and glare impacts when lights
are necessary for nighttime safety and security in the construction
area, (MM 5.1-lm Aesthetics)106. Construction areas immediately adjacent
to residential uses along the Mabury Avenue project edge shall be temporarily screened
by green mesh fencing in order to minimize impacts from ground floor
levels of residences along this property line, Temporary fencing/screening should
be removed only upon completion of construction in adjacent
areas. (MM 5.1-2 m Aesthetics)107. If Alternative 4 is approved the
project proponent shall prepare a landscape plan a lighting plan to be approved as part
of the required Conditional Use Permit. The lighting plan shall control light spillage within
the site for the stable and limit lighting to that necessary for
only security purposes, The
landscape plan shall FIELDSTONE/SULL
Y MILLER City Councilm September 23,
2003 List
provide enhanced screening along all edges of the stable facility. (MM 5.1-3 ---
Aesthetics)
108. Prior to the issuance of any grading permits, the Applicant shall prepare a
Fugitive Dust Emission Control Plan in compliance with SCAQMD Rule 403,
The Plan shall identify methods to control fugitive dust through implementation
of reasonable available control measures in sufficient frequencies and quantities
to prevent visible emissions from crossing the property line of the proposed
facility, Provisions of the plan shall include the stipulation that all active areas of
active grading shall be watered at least twice daily and that no more than 20 acres
will undergo active grading at anyone time. (Note that this does not preclude the
use of additional area for dewatering operations, which due to the high water
content of the material and lack of physical disturbance, would not be expected to
contribute measurably to the daily PMIO loading.) The plan shall also stipulate
that disturbed areas at the construction site shall be treated with dust suppressants
when activities have ceased for 30 days as well as two or more of the control
techniques identified below (MM 5.2-1 - Air Quality):
A, Application of chemical stabilizers to lmpaved roads and vehicle
parking areas;
B. Application of sufficient water prior to initiating any earth
movement;
C. Sweeping and/or cleaning streets where vehicles exit construction
sites;
D. Installation of wheel washers where vehicles exit disturbed surface
areas onto paved roads;
E, Paving of construction access roads;
F. Paving of all roads on a construction site once final elevations have
been reached or at the earliest feasible time;
G. All stockpiles for material export shall be watered twice daily,
Stockpiles that may be used for long-term on-site soil
storage shall be planted and watered twice daily until such plants
take root.H, Any other measures as approved by the Public
Works Department and as required by the City's
Grading Ordinance,109, All heavy equipment shall be maintained in a proper state of tune as
per the manufacturer's specifications. (MM 5.2-2 ---
Air Quality)110. Heavy equipment shall not be allowed to remain idling for more
than five minutes duration. (MM 5.2-3 -
Air Quality)Ill, Trucks equipment shall not be allowed to remain idling for more
than two minutes duration. (MM 5.2-4 -
Air Quality)FIELDSTONE/
SULLY MILLER City Council- September
23, 2003 List of conditions and
mitigation measures
112. Electric power shall be used to the exclusion of gasoline or diesel generators
whenever feasible. (MM 5,2-5 - Air Quality)
113, The applicant shall specifY that the contractor use only paints and coatings low
in Reactive Organic Gas (ROG) content in order to minimize such emissions and
vapors. (MM 5.2-6 m Air
Quality)114. All paints and coatings shall be applied either using high volume, low
pressure HVLP) spray equipment or by hand application in order to minimize
dispersion of vapors and spray. (MM 5.2-7 m
Air Quality)115. All known and observed hazardous materials will be re-
mediated in accordance with Mitigation Measures 5.6-1 and 5.6-2. If
locations where spillage of fluids from prior activities or hazardous
materials are discovered during construction activities, these construction activities shall be curtailed
until the area is evaluated and remediated as determined appropriate by
all regulatory agencies. Removal of petroleum hydrocarbon contamination will
also alleviate the generation of hydrogen sulfide and its attendant odor. These
activities would fall under the direction of both local and State agencies that would "
sign off' on the remediation effort uponcompletion, (MM
5,2-8 - Air Quality)116. If alternative 4 is approved, a Vector Control Plan
shall be prepared for the stable facility, and shall be incorporated into review
and approval of the required Conditional Use Permit as a component of an
operations plan for the stable facility. The plan shall include measures to minimize
the potential for roof rats and flies to be attached to the facility, Measures
to minimize roof rat presence shall include keeping grain supplements in
airtight, metal containers; and keeping vegetables and fruits (such as carrots and apples)
in metal wire mesh containers lined with a flexible wire impregnated fabric. The
wire mesh shall be suspended from a wall or ceiling to avoid contact with the
ground. The plan shall also require regular inspections and maintenance of the
stable facility to seal all possible access points. (i.e" holes no cracks greater than
2 inches), and repair of leaky faucets and irrigation lines to minimize the
presence of standing water. Fly suppression measures to be included in the
vector control plan shall include employing commercial fly spray systems
for stables, utilization of natural predators such as wasps, and removal of manure
from stables daily, and removal of mature from storage facilities a minimum of once aweek. (
MM
5,2-9 - Air Quality)117. If alternative 4 is approved, an Odor Control Plan
shall be prepared for the stable facility, and shall be incorporated into review
and approval of the required Conditional Use Permit as a component of an
operations pan for the stable facility. The Odor Control Plan shall, at a
minimum include daily cleaning of stalls to remove soiled hay and manure, and
emptying of manure
storage facilities FIELDSTONE/SULLY MILLER
City Councilm September 23,2003 List
of conditions
and other wastes collected at the stable facility a minimum of once a week, or
more frequently as necessary to maintain a sanitary condition, (MM 5,2-10 - Air
Quality)
118, The project proponent shall attempt to retain the site's black walnut and oak
trees to the extent feasible; any black walnut or oak trees that are removed or
damaged during project construction shall be replaced on a 3: I basis with
specimens of a minimum of fifteen-gallon size, Twenty-five percent (
25%) shall be twenty-four inch box (24") in size. These plantings shall
be accomplished as part of an on-site oak woodland restoration program
that meets the plan requirements specified below (MM
5.3-1- Biological Resources):A. Restoration Specialist: The restoration specialist
shall be selected by the applicant and approved by the City.
The restoration specialist shall have demonstrated experience in the
successlill oak
woodland restoration in southern California.B. Site Selection: The restoration specialist
shall select a re-vegetation sitewithin project boundaries, in areas desil,'llated
on the project site as open space, The site shall be located in
non-native habitat to ensure that no native habitat is removed and
shall be close to Santiago Creek, In addition, the site shall not be
located within 100 feet of existing or proposed residential
lots or other areas landscaped with non-native vegetation
to minimize the potential for encroachment of non-native under-
story plants and the potential for over-watering. To ensure that the restoration
site is not later subject to fuel modification actions, a map of the
proposed restoration shall be submitted to the City
Fire Chief for approval as part of the site selection process.C.
Selection of Plant Palettes: The plant palette shall include coastal live oaks (
as described by Mitigation Measure 5,3-1) as
well as under-story and early-successional species appropriate for an oak
tree replacement area. Only native plant species occurring on the
project site or at Santiago Oaks Regional Park shall
be used in these plans.D. Quantities, Container Sizes, Planting
Patterns, Origins: Seed quantities,plant container sizes, and planting patterns shall
be specified, as appropriate. To the extent feasible, plants and seeds used
in the restoration plans shall be collected from the project site or elsewhere
in northern/central Orange County, as neaJr to the site as
possible. The use of locally native propagules will
increase the chances of success and maintain the genetic integrity of the local
ecosystem.E. Timing: Seeding and planting should take place after the onset of
the rainy season and prior to March 3 L Seeding and
planting
of oak habitats
outside of this window generally stands
a high probability of failure,FIELDSTONE/
SULLY MILLER
F. Mycorrhizal Fungi: In order to improve the ability of the planted
material to compete with non-native forbs and grasses,
mycorrhizal inoculum shall be specified for all container plants known to
benefit from this symbiotic
association,G, Site Preparation: Includes consideration of soil requirements (e.g.,
soil type, compaction, etc.) and weed control prior to planting (if
needed).H. Seeding and Planting Techniques: Includes specifications for
hand seeding, hydro seeding, etc., and planting
methods,1. Irrigation: The restoration site shall be irrigated through at least the
first year following planting (e,g., twice each month in the absence of
natural precipitation). It is anticipated that drip irrigation shall be
utilized,After the first year, further irrigation would occur according to
the recommendations of the site
monitor.Maintenance: Maintenance of all plantings will be the applicant'
s responsibility, and shall include any activities required to meet
the performance standards set for the restoration program. A minimum
of five years of maintenance shall be required unless the plan's
long-term performance standards are satisfied in less than
five years.K. Monitoring: The project proponent shall be responsible
for monitoring the restoration site for a minimum of five years, or until all
of the project's long term performance standards are met. The
site monitor shall be a biologist, native landscape horticulturist or
other professional qualified to I) assess the performance of the planting
effort, 2)recommend corrective measures, if needed, and 3)
document wildlife use of planting areas over time, The site monitor shall be selected
by the applicant and approved by
the City,L Performance Standards: Short-term (e,g., 90 and 180
days) and long-term (e,g., three-year and five-year)
performance standards shall be set for the restoration plan, consistent with
the goal of establishing self-supporting native woodlands that provide
high quality habitat for native plant and wildlife species. The
plan shall specify appropriate corrective actions to be taken if the site
monitor determines that any restoration area is not meeting the performance standards
set for the plan. If performance standards cannot be achieved due
to adverse soil or other unmanageable site conditions, an
alternative or auxiliary mitigation plan may
be submitted to the City.M. Documentation: The monitoring results
shall be reported at
least annually to the City.119, If possible, construction of the access road located
on the north side Santiago Creek between Cannon Avenue and Yellowstone
Blvd. shall be conducted during the non-breeding season for birds (August
I through February 28) to avoid indirect impacts on sensitive bird species
nesting and foraging in Santiago Creek.Whether or not construction of the
access road, or
any other construction FIELDSTONE/SULLY
MILLER City Councilm September 23, 2003
List of
activities, occur during the breeding season (approximately March I through July
31), all grading and construction activities within 100 feet of identified wetlands
or riparian habitat shall be monitored by a qualified biologist to ensure that these
activities avoid additional impacts on sensitive areas and that they do not
adversely affect sensitive species nesting and foraging within Santiago Creek,
MM 5.3-2m Biological
ResollIces)120. All grading and construction activities within 100 feet of identified
wetlands or riparian habitat shall be monitored by a qualified biologist to ensure that
these activities avoid sensitive areas. (MM5.3-3 m
Biological ResollIces)121. Residential structllIes shall be set back a minimum of 100 feet from
the edge of CDFG jurisdictional riparian habitat in order to minimize project
impacts on wildlife, (MM 5.3-4
m Biological Resources)122, The project proponent shall be required to comply
with National Pollution Discharge Elimination System (NPDES) standards to
mitigate erosion and siltation impacts to Santiago Creek due to project
construction or project operation, (MM 5,3-
5 m Biological Resources)123, If any activities, including vegetation removal such
as grubbing, grading, tree trimming and/or removal are to occur during the breeding
season of native birds approximately March I through July 31) the project
proponent shall retain the services of a qualified ornithologist to conduct a survey
of the construction zone.The ornithological survey shall OCCllI not more than two
days prior to the initiation of any construction activities, The purpose of the
survey would be to identify any nesting areas of any native birds within the
project site. If the ornithologist's survey detects any occupied nests of
native birds within the construction zone the project applicant shall Hag off the
area (s) supporting bird nests under the direction of the ornithologist, providing a
minimum buffer of 100 feet between the nest and limits of construction, The
construction crew will be instructed to avoid any activities in this zone until those
native bird nests found on-site are no longer occupied, based on the:
subsequent survey by the qualified ornithologist which shall be submitted to
the City ofOrange Planning Department. (MM
5.3-6 m Biological ResollIces)124. The project proponent shall insure that all
exterior lighting on the site in public areas (such as street lighting,
pedestrian lighting, and security lighting) is directed downward andaway from Santiago
Creek. (
MM 5.3-7 - Biological ResollIces)125. The project proponent shall replace the
loss of any riparian habitat. Riparian habitats within Santiago Creek portion of
the project site include black willow riparian forest, cottonwood willow
riparian forest, southern
willow scrub, and FIELDSTONE/SULLY
MILLER City Councilm September 23, 2003
List of
Mulefat scrub; riparian habitat outside Santiago Creek on the project site is
limited to southern willow scrub. The project currently proposes to remove only
0.56 acre of riparian vegetation within Santiago Creek and L8~1 acres of southern
willow scrub outside of the creek; the project proponent shall replace these
riparian habitats at a ratio of I :1, per the measures outlined below. In addition,
because riparian habitats fall under the jurisdiction of Section 1603 of the
California Fish and Game Code, the project proponent shall obtain a Section 1603
Streambed Alteration Agreement from the CDFG prior to removal of any CDFG
jurisdictional habitat. It will also include provisions to minimize indirect adverse
impacts on creek habitat due to air and water pollutants from construction traffic
over the creek. The Streambed Alternation Agreement will further specify the
measures below to ensure successful replacement of riparian habitat. The
Streambed Alteration Agreement will also include a provision that construction of
any portion of the trail adjacent to or across Santiago Creek be conducted during
the non-breeding season to minimize direct ,md indirect impacts of
construction on birds nesting in the riparian habitat of Santiago Creek, (MM 5,3-8 -
Biological
Resources)A. Restoration Specialist: The restoration specialist shall be selected by
the applicant and approved by the City and the California Department
of Fish & Game (CDFG). The restoration specialist shall
have demonstrated experience in the successtlll restoration of riparian
habitat in Southern California, Because an element of the restoration
program could include arundo eradication, the restoration specialist
shall demonstrate experience in arundo
removal.B. Site Selection: Riparian restoration could occur on-site, or
if off-site within the Santiago Creek watershed, such as
Santiago Oaks Regional Park, in area to be identified by the restoration
specialist in consultation with the City and CDFG, Riparian restoration could
include as an element, eradication of exotic vegetation with
the Santiago Creek watershed, such as Santiago Oaks Regional Park, and
restoration of the eradicated areas to native vegetation under a plan approved
by the City and CDFG, any other appropriate agencies or landowners,
such as the County of Orange, Preference shall be given to
eradication of exotic species (a) on the project site, and (b) in off-
site areas where the potential for future infestation (mainly from
upstream sources is low,C. Selection of Plant Palettes: The plant
palette shall include appropriate trees, understory, and early-successional
species native to the Santiago Creek watershed (
in the area being restored).D. Quantities, Container Sizes,
Planting Patterns, Origins: Seed quantities,plant container sizes, and planting
patterns shall be specified, as appropriate. To the extent feasible, plants
and seeds used in the restoration plans shall be collected from the
project site or elsewhere in northern/central Orange County, as near to the
site as possible.
The use FIELDSTONE/SULLY MILLER
City Councilm September 23, 2003 List
of conditions
of locally native propagules will increase the chances of success and
maintain the genetic integrity of the local ecosystem.
E. Exotic Species to be Eradicated: It is anticipated that the main species to
be eradicated will be giant reed (Arundo donax), but additional species
may also be removed, such as pampas grass (Cortaderia spp,), pepper
trees (Schinus spp,), castor bean (Ricninus communis), and Washington
fan palm (Washintonia filifera). The exact species to be targeted shall
be determined at the time final plans are developed,
F. Timing for Planting: For best results, seeding and plating should take
place after the onset of the rainy season and prior to March 31 st.
Riparian woodlands may achieve good results with installation at other
times of the year.
G, Mycorrhizal Fungi: In order to improve the ability of the planted
material to compete with non-native forbs and grasses,
mycorrhizal inoculum shall be specified for all container plants known to
benefit from this symbiotic
association.H. Site Preparation: Includes consideration of soil requirements (e.g.,
soil type, compaction) and weed control prior to planting (if
needed),L Seeding and Planting Techniques: Includes specifications for
hand seeding, hydro seeding, etc., and planting
methods.J, Irrigation: The restoration specialist shall determine the need
for irrigation of riparian restoration
site.K, Maintenance: Maintenance of all plantings and actions required to
effect complete eradication of exotic species, will be the applicant'
s responsibility and shall include any activities required to meet
the performance standards set for the restoration program. A minimum
of five years of maintenance shall be required unless the plan's
long-term performance standards are satisfied in less than
five years,1. Monitoring: The project proponent shall be responsible
for monitoring the restoration site for a minimum of five years, or until all
of the project's long term performance standards are met. The
site monitor shall be a biologist, native landscape horticulturist or
other professional qualified to 1) assess the performance of the planting
effort, 2)recommend corrective measures, if m:eded, and 3)
document wildlife use of planting areas over time, The site monitor shall be selected
by the applicant and approved by the City
and CDFG.M. Performance Standards: Short-term (e.g" 90 and 180
days) and long-term (e.g., three-year and five-year) pe:
rformance standards shall be set for the restoration plan, consistent with
the goal of establishing self-supporting native woodlands that provide
high quality habitat for native plant and wildlife species. The
plan shall specify appropriate corrective actions to be taken if the site
monitor determines that any restoration area is not meeting the performance standards
set for the plan. If performance standards cannot be achieved due
to adverse soil or
other FIELDSTONE/SULL Y MILLER
City Council- September 23, 2003 List
of conditions
unmanageable site conditions, an alternative or auxiliary mitigation plan
may be submitted to the City and CDFG.
N. Documentation: The monitoring results shall be reported at least
annually to the City and CDFG. (MM 5.3-8 m Biological
Resources)126. To ensure compliance with the provisions of the Central-
Coastal NCCPIHCP and Implementation Agreement, City of Orange shall transmit all site
plans, area plans, subdivision maps, fuel modification plans/landscape
improvement plans,utility plans, flood control facility plans or any other improvement plans
that may potentially affect the Reserve System to the Executive Director,
Nature Reserve of Orange County for review and comment prior to any City
administrative or formal action to approve such plans, (MM 5.3-9 -
Biological Resources)127. A landscaping/urban edge treatment plan shall be required by the
City of Orange, in consultation with the Manager, Orange County Public
Facilities and Resources DepartmentlHarbors, Beaches and
Parks-Program Management &Coordination, prior to approval of grading permits. The
landscaping/urban edge treatment plan shall address and screen the interface between
the Santiago Oaks Regional Park/Orange County Flood Control District property
and the proposed development. (MM 5.3-
10m Biological Resources)128, The encroachment area at the east property line where the
project site abuts Orange County Flood Control District property shall be restored
by the applicant,pursuant to a landscape/restoration plan approved by
the Manager, Orange County, Public Facilities and Resources DepartmentlHarbors,
Beaches and Parks-Program Management & Coordination, prior to approval
of building permits.MM5,3-
11 m Biological Resources)129, The seed output of the mature southern spike weed plants
on the project site shall be collected by a botanist familiar with
spike weed identification and seeding when plants are producing seed during late
summer and spread in disturbed soil at the margins of this riparian restoration site
after the site is planted, Maintenance personnel shall be trained to identify
this species, to help ensure that it will not be removed asa weed. (MM
5.
3-12 m Biological Resources)130, In order to minimize the cumulative impacts on
bats that could be potentially significant, inspections for roosting bats by a biologist trained
in the study of bats will occur prior to removal of oaks, Oak
tree removal during September and October, when bats may be reproducing or
hibernating, should be avoided. Any oak trees with diameter at breast height (dbh) greater
than 8 inches should be inspected for this species before removal. If bats are
present in the trees, the biologist will remove and release the bats just prior to
tree removal to avoidany bat mortality. (MM
5.3-13 -
Biological Resources)FIELDSTONE/SULLY MILLER
City Councilm September 23, 2003 List
of conditions
131, If Alternative 4 is approved, in order to minimize adverse effects of the two-
acre stable on sensitive bird species nesting in Santiago Creek due to the potential
increase in the local population of brown-headed cowbirds as a result of
the stable's role as an inadvertent "food source" for cowbirds (MM 5.3-
14 -Biological
Resources):A. The stable operator (i.e, the Homeowners Association) shall retain
the services of a wildlife biologist with experience in building
and operating traps for brown-headed cowbirds as long as the
stable boards horses. One trap shall be operated during each
spring/summer breeding season for
brown-headed cowbird,B. Manure shall be removed from the site at least once
daily (Monday to Friday) and disposed at
a landfill off-site.C. All horse feed shall be securely covered" and any
spilled feed will be removed from the stable at least once daily (
Monday to Friday) and will be disposed
at a landfill off-site.132. An Orange County certified archeologist shall
be retained to attend pre-grade meetings and to monitor
eartlunoving activities, including clearing, grubbing, andgrading of the site. (
MM 5.4-1 .- Cultural Resources)133. If previously unidentified
archeological resources are uncovered during site preparation, grading, or excavation,
the archeological monitor shall have the authority to temporarily halt or divert grading
in the immediate area of the discovery and to evaluate the resources.
If the archeologist determines that they are unique archeological resources as defined
by Section 21083,2 ofCEQA, then the archeologist shall conduct additional
excavations to avoid impacts to these resources by the development. If they are
not "unique," then no further mitigation would be required. Unique cultural resources
shall be determined based on the criteria set forth inSection 21083,2 ofCEQA. (
MM 5.4-2 - Cultural Resources)134, If previously unidentified
paleontological resources are uncovered during site preparation, grading, or excavation,
the archeological monitor shall have the authority to temporarily halt or divert grading
in the immediate area of the discovery and to evaluate the resources.
If the archeologist determines that they are unique paleontological resources as defined
by Section 21083.2 of CEQA,then the archeologist shall conduct
additional excavations to avoid impacts to these resources by the development. If they
are not "unique," then no further mitigation would be required.
Unique cuHural resources shall be determined based on the criteria set forth inSection 21083.2
ofCEQA. (
MM 5.4-
3 m Cultural Resources)FIELDSTONE/
SULLY MILLER City Councilm September 23,
2003 List
135. If previous human remains are uncovered during site preparation, grading, or
excavation, the archeologist monitor shall have the authority to temporarily halt or
divert grading in the immediate area of the discovery, and shall notify the County
Coroner within 24 hours of the discovery, If the Coroner determines that the
remains are not recent, the Coroner shall notify the Native American Heritage
Commission, The project applicant shall comply with the procedures set forth in
Section 5097-98 of the California Public Resources Code and shall consult
with the most likely descendant designated by the Native American
Heritage Commission to obtain recommendations on the treatment and disposition
with appropriate dignity of the human remains and associated grave goods. (MM5.
4-4 Cultural
Resources)136. Prior to erecting any structures on the project site, all unsuitable materials
shall be removed and replaced with engineered fill, (MM 5.5-1 --- Geology and
Soils)137. In accordance with the recommendations of the project geologists,
additional observations shall be made during removal grading operations of noted
areas along the Santiago Creek channel to further assess the possible location
and character of the El Modena Fault. If evidence of faulting of the Holocene age
or younger is observed, the location of any faults shall be surveyed and plotted
in accordance with the procedures of the City of Orange and accepted
geotechnical engineering practices. In addition, if evidence of active faulting is
found,appropriate structural setbacks and/or other measures to mitigate any
potential exposure to a level accepted by the City of Orange and the State Division
of Mines and Geology shall be required. (MM 5.5-2 --- Geology and
Soils)138, Utility trenches excavated during grading shall be cut, benched, and/or shored
in accordance with requirements set by Cal OSHA. (MM 5,5-3 - Geology
and
Soils)139, All grading and earthwork shall comply with the City's Grading Manual. (
MM 5.5-4 - Geology and
Soils)140. If highly expansive native soils are present in the shallow subsurface below
cut lots or lots with shallow fills, these soils shall be removed and replaced with
soils having a lower expansion potential. If it is not feasible to remove all
highly expansive soils from the shallow subsurface at finish grades, the building
pads shall be pre-saturated to a moisture content and depth specified by the
project soil engineer and foundations strengthened to resist the deformation.
Walls, pools,pavements and concrete flatwork will require similar ground
preparation and design, based on parameters supplied by the soil engineer. (MM 5,5-
5 --- Geology
and Soils)FIELDSTONE/
SULLY MILLER City Council- September
23, 2003 List of conditions and
mitigation measures
141. Future homeowners shall be informed and educated regarding the importance of
maintaining a constant level of soil moisture and shall be made aware of the
potential negative consequences of both excessive watering, as well as allowing
expansive soils to become too dry. (MM 5,5..6 m Geology and Soils)
142, Prior to issuance of a grading permit, construction specifications shall be
established describing appropriate health and safety procedures. Such procedures
shall require that work be stopped when discolored or odorous soil or unknown
containers are encountered in the immediate: area of the discovery, Health and
safety procedures shall contain, at a minimum, emergency medical, evacuation,
and notification actions. Notification shall include, the appropriate State, Federal,
andlor local regulatory agencies, such as: the City of Orange. CAL-EPA'
s Department of Toxic Substance Control, the City of Orange Fire Department,
and the Regional Water Quality Control Board (RWQCB), Additionally, each area
of concern will be a Phase II ESA for the areas of potential contamination. (
MM 5.6-1 - Hazards and Hazardous
Materials)143, On-site areas that include or previously included agriculture shall be
tested for pesticide and herbicide residue in the soil. The locations and number
of soil samples shall be determined by a California qualified
environmental professional with methodology in accordance State, Federal, and local guidelines,
Any areas of soil contamination in excess of regulatory levels shall be re-
mediated to the satisfaction of the RWQCB and other appropriate agencies, (MM5.
6-2 m
Hazards and Hazardous Materials)144. Prior to issuance of a building permit for any
residential structure within the 1,000-foot radius study area, a Landfill Gas Mitigation Plan
shall be prepared by a licensed engineer describing
appropriate design specifications and operational procedures to mitigate the potential effects of
landfill gas migration onto the project site, The plan shall be reviewed and
approved by the Orange County Health Care Agency/Local Enforcement Agency (
LEA), the SCAQMD and the City Building Official. All the measures
identified below shall be incorporated into the project design: (MM 5,6-
3 -. Hazards and Hazardous Materials):A. Gas-impermeable
synthetic membrane liners (i.e" high-density polyethylene (
HDPE)) shall be installed beneath residential structures within 1,000 feet of the
closed Villa Park landfill. The membrane liners will provide protection
to buildings by effectively sealing the building from subsurface gas
infiltration, An alternative to the HDPE membrane liner is a spray-
on membrane application (e.g" Liquid Boot), The minimum thickness for
the membrane systems should be 60 mil for
HDPE membrane, and 100 mil for spray-on membrane.B. A
subsurface passive ventilation system shall be installed to diffuse buildup
of combustible gas
beneath residential structures within 1,
000 FIELDSTONE/SULLY MILLER City Councilm
September 23,
feet of the closed Villa Park landfill. The passive ventilation system will
consist of a network of perforated PVC pipes installed within trenches
beneath the building floor slab and membrane system. The trenches
shall be backfilled with gravel (or rock) and provide a relatively porous
medium within which subsurface gases can migrate more readily than
through adjacent soils. Gas migration into the passive ventilation system
is ultimately vented to the atmosphere through vertical risers, located at
the ends of horizontal vent pipes and terminating above the roofline.
Turbine ventilators may be installed at the terminal end of the vertical
risers to impart a slight negative pressure to subsurface pipes, enhancing
the venting of subsurface combustible gases,
C, All residential structures within 1,000 feet of the closed Villa Park
landfill shall have gas-monitoring probes installed in the foundation
sand layer (above the membrane system) to monitor the effectiveness of
the passive ventilation and membrane systems in mitigating
subsurface combustible gas concentrations. Thf: sampling ends of the
gas monitoring probes are directed toward and would be installed
within vault boxes located within landscaped areas or sidewalks adjacent
the residential structures. The gas monitoring probes shall be monitored
for subsurface pressures and methane by the future homeowners
association.Prior to occupancy of the first home, the project applicant
shall incorporate within the CC&Rs that the homeowners association shall
be responsible for monitoring and maintaining the probes. The schedule
for monitoring and maintaining the probes shall be reviewed and
approved by the Orange County Health Care Agency/Local Enforcement
Agency LEA), the SCAQMD and the City Building
Official.D, Utility trench dams shall be installed in key areas within 1,000 feet
of the closed Villa Park landfill, These trench dams consist of bentonite
or a bentonite-concrete mixture installed around conduits for
a specified length of trench (usually three feet). These trench dams
shall be installed at areas to be designated in the Landfill Gas
Mitigation Plan discussed above, However, at a minimum, the trench dams
shall be installed where utilities enter the development site from
the Santiago Canyon Road
public right-of-way.E, Within 1,000 feet of the closed Villa
Park landfill, electricity utility vaults, pull boxes and transformer pads in
the public right-of-way shall be provided with methane
mitigation as per the specifications included
in Sepich Associates (December 15, 2000),F. Erosion-proof seals shall
be installed on all electrical conduits entering any structure within 1,000
feet of the closed Villa Park Landfill.145. Any park areas within the mitigation area
shall be provided with the same level of protection as noted for other
development. (MM
5.6-4 -
Hazards and Hazardous Materials)FIELDSTONE/
SULLY MILLER City Council- September 23,
2003 List
146, Structures, such as restrooms in the park, without "air conditioned space" (i.e,
heated or cooled air) shall be constructed as "open structures" without sub-
slab mitigation, which requires at least 25% of the perimeter walls open, (MM 5,6-
5 -Hazards and Hazardous
Materials)147. No building permits shall be issued by the City until FEMA revises its FIRM
to remove all proposed residential areas on-site from the 100-year
Flood Zone. (MM 5,7-1 - Hydrology
and Water Quality)148. A subdrain system shall be designed and installed to
control groundwater flow under and around the project site in accordance with specifications
of the project geologists and hydrologists in order not to impede the natural flow
at depth, (MM 5.7-2 - Hydrology
and Water Quality)149. A Water Quality Management Plan and Maintenance
Procedure shall be submitted to the City of Orange for approvalc prior to issuance
of certificates of occupancy. The plan and maintenance procedures shall identify
and ensure that adequate devices and procedures are in place for long.term
maintenance of the water quality management systems and facilities, (MM 5,7-
3 - Hydrology
and Water Quality)150. If Alternative 4 is approved, the
following non-structural Best Management Practices shall be incorporated in
the Water Quality Management Plan for the project, required by the Regional
Water Quality Control Board RWQCB) (MM 5,7-4 -
Hydrology and Water Quality):A. Horse waste from deposition in all exterior areas
of the equestrian facility shall be collected daily (Monday to Friday) and
transported to
the manure storage facility,B. The entry road to the equestrian facility
shall be swept regularly.C. Horse stalls shall be cleaned daily to
remove bedding material that contains manure waste and replaced
with new bedding material.D. Wood shaving shall be used for bedding in the stall
to absorb liquid
wastes and minimize leaching.151. To ensure compliance with the provisions of
the Central-Coastal NCCP/HCP and Implementation Agreement, City of Orange shall
transmit all site plans, area plans, subdivision maps, fuel
modification plans/landscape improvement plans,utility plans, flood control facility plans or any
other improvement plans that may potentially affect the Reserve System to
the Executive Director, Nature Reserve of Orange County for review and comment prior
to any City administrative or formal action to approve such plans. (MM 5.8-
1 - Land Use
and Planning)FIELDSTONE/SULLY MILLER
City Council- September 23, 2003 List
of conditions
152, A landscaping/urban edge treatment plan shall be required by the City of
Orange, in consultation with the Manager, Orange County Public Facilities and
Resources Department/Harbors, Beaches and Parks-Program
Management &Coordination, prior to approval of grading permits, The landscaping/urban
edge treatment plan shall address and screen the interface between the Santiago
Oaks Regional Park/Orange County Flood Control District and the
proposed development. (MM 5.8-2 --- Land Use and
Planning)153. The encroachment area on the Orange County Flood Control District property
at the east end of the project site shall be restored by the applicant, pursuant to
a landscape/restoration plan approved by the Manager, Orange County,
Public Facilities and Resources DepartmentlHarbors, Beaches and
Parks-Program Management & Coordination, prior to approval of building permits. (MM 5.
8-3 -Land Use
and Planning)154. If surface mining operations as defined by the Surface Mining
and Reclamation Act (SMARA) were conducted on the project site after January I, 1976,
prior to issuance of the first grading permit, a reclamation plan shall be prepared
by the operator and submitted to the City of Orange and the State
Department of Conservation. (MM 5,8-4 --- Land Use
and Planning)155. During all project site preparation, grading and construction,
the project contractors shall equip all construction equipment, fixed or mobile,
with properly operating and maintained mufflers consistent with manufacturers
standards. All equipment shall also be maintained in a properly tuned condition. (MM 5.
9-
1 -Noise)156. The project contractor shall place all stationary construction equipment as
far as feasible and situated so that emitted noise is directed away
from sensitive receptors to the north and east of the project site. (MM 5.9-
2 --- Noise)157, The construction contractor shall locate long-term
stock-piling and equipment staging areas in a manner to provide as
much distance between construction-related noise sources and potentially noise sensitive
receptors as feasible during all project site preparation, grading and construction activities. (
MM
5,9-3 -Noise)158. All construction hauling shall be limited to weekdays from 7:00 AM
to 5:00 PM and 7:00 AM to 1:00 PM on Saturday on site areas
south of Santiago Creek.Construction hauling from site areas north of Santiago Creek
shall be limited to weekdays from 9:00 a,m. to 5:00 p.m. and Saturdays from 9:00 a,m. to
1:00 p.m.Equipment maintenance activities shall be limited to the
south side of Santiago Creek weekdays from 7:00 AM to 11:00 PM, and Saturday s 9:00
AM to 1:
00 FIELDSTONE/SULLY MILLER City
Council- September 23, 2003 List of
conditions and
PM, and be limited from 9:00 a.m. to 11:00 p,m. weekdays north of Santiago
Creek,
On Saturdays equipment maintenance shall be limited to 9:00 a.m. to I :00 p.m. on
the north side of Santiago Creek and 7:00 a.m. to 1 :00 p.m. on the south side of
Santiago Creek, No construction related activities shall occur on Sundays or
public holidays. (MM 5.9-4 - Noise)
159, The haul route from site area located north of Santiago Creek (as allowed by
condition no. 57) shall be limited to Yellowstone Boulevard and Serrano Avenue
and under not circumstances shall trucks or any other construction equipment be
allowed to utilize other streets within the Mabury Ranch neighborhood, From site
areas south of Santiago Creek, construction traffic Santiago Canyon Road to the
nearest freeway. Violation of any designated haul route shall be subject to
citation by the City of Orange Police Department. (MM 5,9-5 - Noise)
160. All construction traffic shall be limited to speeds of no more than 15 miles per
hour while traveling on-site. Speed signs shall be posted for construction
traffic on the site throughout the entire construction period and will be enforced by
the applicant/project developer. (MM 5.9-6 -
Noise)161. Prior to the recordation of a final tract map or the issuance 0 f any
grading permits an Acoustical Analysis Report shall be submitted to the City of
Orange Engineering Department for approvaL The Acoustical Analysis Report
shall describe the acoustical design features of the structures required to satisfy
the exterior and interior noise standards. In addition, the Acoustical Analysis
Report shall contain satisfactory evidence indicating that the sound attenuation
measures specified in the approved acoustical reports in both the Draft and Final
EIR documents have been incorporated into the design of the project. (MM 5.9.7 -
Noise)
162. Prior to the issuance of any building permits, all freestanding acoustical barriers
that may be required along Santiago Canyon Road and in areas adjacent to the
planned park site must be shown on the project plot plan illustrating height,
location and construction in a manner meeting the approval of the City of Orange
Engineering Department. (MM 5.9-8-
Noise)163. Prior to the issuance of any Certificates of Use and Occupancy, field-
testing in accordance with Title 23 regulations shall be conducted to verify
compliance with STC and lIC design standards. (MM 5.9-
9 --- Noise)164, Prior to issuance of a building permit, the proj ect applicant shall
submit an emergency access plan to the City of Orange Fire Department for
review and FIELDSTONE/SULL
Y MILLER City Council- September
23, 2003 List of conditions and
mitigation measures
approval. This plan will identify alternate routes for emergency access during
construction activities. (MM 5.11.1 --- Public Services and Utilities)165.
The project applicant shall pay all applicable fire facility fees required by the City
of Orange Fire Department. (MM 5.11.2 -. Public Services and Utilities)166. Sufficient
accessibility for fire-fighting equipment shall be provided during all phases
of construction and subsequent operation. (MM 5,11.3 ~ Public Services and
Utilities)167,
The Orange Fire Department shall review and approve development plans to ensure
adequate access and fire protection facilities are available. (MM 5.11.4 ~Public
Services and Utilities)168,
Prior to issuance of a building permit, the project applicant shall submit an emergency
access plan to the City of Orange Police Department. This plan will identify
alternate routes for emergency access during construction, to areas potentially
blocked by project.related construction activities, (MM 5.11.5 -Public Services
and Utilities)169. The
project proponent shall contribute a "Fair Share" for the following improvements to
the Katella Avenue/Wanda Road intersection (MM 5.12.1 -Traffic and Circulation)
A. Re-stripe
Villa Park Road to add a third westbound through lane;and B.
ModilY
the traffic signal to accommodate the additional westbound through
lane,170. The
project proponent shall contribute a "Fair Share" for the following improvements to
the Santiago Canyon Road/Cannon Street intersection (MM 5,12-
2 --- Traffic and Circulation):A. ModilY
the traffic signal to eliminate the north/south split phasing;B.
Add
a second eastbound left-turn lane;C,
Add a second northbound through lane;D.
Convert the second westbound through lane to a shared second through/
right -turn lane;E.
Add a southbound shared through/second right-turn lane; and
F. Convert the southbound shared left-turn/through lane to a
second left-
turn lane.171. The project proponent shall construct a traffic signal at the
project driveway located on Santiago Canyon Road. (MM 5.12-3 --- Traffic
and Circulation)FlELDSTONE/SULL
Y MILLER City Council- September
23, 2003 List of conditions and
mitigation measures
172. The project applicant shall work with the City's Public Works Department to
determine the wear and tear that construction vehicle trips will create on
Yellowstone Boulevard, An amount of money determined by the Public Works
Department shall be deposited with the City in a trust account. The money will be
used to make any necessary repairs to Yellowstone Boulevard after the project has
been constructed and street wear and tear has been analyzed, (MM 5,12-4 ---
Traffic and Circulation)
Negotiations with Orange Unified School District:
173, The project applicant shall not apply for a residential building permit for the
area south of Santiago Creek and west of Handy Creek Channel until the earlier
of: (I) 18 months from the date the City Council adopts the resolution approving
Tentative Tract Map 15750; (2) the date that Orange Unified School District
OUSD") decides not to pursue a middle school site on the property; or (3) the
execution of an agreement between OUSD and Fieldstone to acquire and purchase
a middle school site. Fieldstone shall negotiate in good faith for a middle school
site within the Project area that is acceptable to OUSD and otherwise meets all
state standards, Such a middle school site may include joint use of the six-
acre public park approved as part of the Project. Fieldstone shall make a good
faith attempt to complete negotiations for the purchase of such a site so that
ana!,'Teement can be reached within 18 months of adoption of a resolution
approving Tentative Tract Map 15750, If at the conclusion of the 18 months the parties
have not executed an agreement, contingent, option or otherwise, for the purchase of
a middle school site, Fieldstone may complete: the developed as approved
under Tentative Tract Map 15750, provided it otherwise meets all state and City
of Orange requirements for development of the
property.The following regulations are code requirements and apply to the
approval:Failure to abide by and faithfully comply with any and all conditions
attached to this approving action shall constitute grounds for the revocation of
said action the City
Council.The project approval includes certain fees, dedications, reservations, and/
or other exactions. Pursuant to Government Code 66020 and 66021,
these conditions or requirements constitute written notice of the fees and/or
a description of the dedication, reservations, or other exactions. You are
hereby notified that beginning with final approval by City Council, the 90-
day protest period will begin. If you fail to file a protest regarding these
conditions or requirements, you are legally barred from later challenging such
exactions per Government
Code 66020.FIELDSTONE/
SULLY MILLER City Council- September
23,2003 List of conditions and
mitigation measures
The applicant/project proponent shall defend, indemnifY, and hold harmless
the City of Orange, its officers, agents and employees from any claim, action
or proceeding against the City, its officers agents or employees to attack, set
aside, void, or annul an approval of the City Councilor Planning Commission
concerning this subdivision, which action is brought within the time period
provided for in Government Code Section 66499.37. The City shall promptly
notify the applicant/project proponent of any such claim, action or proceeding
and shall cooperate fully in the defense, This requirement is imposed
pursuant to Government Code Section 66474.9(b).
FIELDSTONE/SULL Y MILLER
City Council- September 23, 2003
List of conditions and mitigation measures
Page 33